Feinberg v. Fairmont Holding Corp.

Physical examinations in actions to recover damages for personal injuries are permitted by section 306 of the Civil Practice Act for the purpose of enabling defendants to ascertain the nature and extent of the injuries claimed to have been sustained and not to afford plaintiffs a means of obtaining evidence at the expense of defendants. Reports of examining physicians based upon such examinations are not made available to plaintiffs. (Kelman v. Union Railway Co., 202 App. Div. 487.)

It is now well settled that X rays may be taken in connection with a medical examination under the foregoing…